BILL ANALYSIS Ó AB 2336 Page 1 Date of Hearing: April 6, 2016 ASSEMBLY COMMITTEE ON EDUCATION Patrick O'Donnell, Chair AB 2336 (Olsen) - As Amended March 29, 2016 SUBJECT: Teacher credentialing: emergency substitute teaching permits SUMMARY: Requires the California Commission on Teacher Credentialing (CTC) to issue Emergency Substitute Teaching Permits authorizing the holder to serve as a special education substitute teacher for up to 40 days for any one teacher during the school year. Specifically, this bill: 1)Requires the CTC to issue Emergency Substitute Teaching Permits authorizing the holder to serve in any classroom, preschool, kindergarten, and any of grades 1 to 12, inclusive, or in classes organized primarily for adults within each county in which the permit is registered, provided the employing agency has completed a State of Need on file for the school year. 2)Provides that the holder of the certificate is authorized to serve as a special education substitute teacher for up to 40 days for any one teacher during the school year, provided the employing has completed a Statement of Need, as specified. AB 2336 Page 2 3)Imposes a sunset day of January 1, 2022. EXISTING LAW: 1)Authorizes holders of 30-day emergency substitute teaching permits to serve as a substitute in a special education classroom for not more than 20 for any one teacher during the school year. 2)Requires holders of 30-day emergency substitute teaching permits to meet the following requirements: a) Possess at least a BA degree from a regionally accredited college or university; b) Have passed the California Basic Educational Skills Test (CBEST); and c) Have a fingerprint clearance. 3)Requires the employing agency to submit a Declaration of Need for Fully Qualified Educators as a condition of employing an emergency substitute teacher. The Declaration of Need shall include the following: a) The number and type of emergency permits that will be needed during the school year; b) A description of the efforts that were undertaken to locate and recruit individuals who hold the needed AB 2336 Page 3 credentials; c) A description of efforts to establish alternative training options; and d) A certification that there is an insufficient number of certificated persons who meet the requirements of the positions to be filled by the substitutes. FISCAL EFFECT: Unknown COMMENTS: School districts need to employ substitute teachers for periods of time ranging from one day to up to 12 workweeks for statutory leaves, such as family and medical leave, pursuant to state and federal law. Substitutes are used either to temporarily replace teachers who are absent or to fill vacant positions. Existing law provides several options for districts that need to employ substitutes for either of these purposes. For short term needs, districts may employ a substitute with a short term 30-day substitute teaching permit. To qualify for this permit, a substitute must have a bachelor's degree, pass the CBEST, and have fingerprint clearance through the California Department of Justice and the FBI. The holder of this permit may substitute for no more than 30 days for any one teacher per school year in a general education setting, and no more than 20 days for any one teacher per school year in a special education setting. The reason for this limitation is to minimize the length of time AB 2336 Page 4 students are taught by a substitute with a short term credential, because they are the least-prepared teachers in the classroom. Within 20 days, teachers must begin preparing lesson plans and undertaking other activities of a regular classroom teacher, but for which they have no training or preparation. If a substitute is needed for more than 20 days, the practice sometimes has been to replace the first substitute with another one with a short term permit. The purpose of this bill is to minimize the disruption caused when one short term substitute is replaced by another short term substitute by extending the time that a special education substitute may be assigned to a classroom to 40 days. Long term alternatives to the emergency substitute permit already exist. However, districts have other options, and existing law requires districts to give higher priority to these other option pursuant to a "hiring hierarchy" (Education Code 44225.7). Two alternatives relevant to this bill are Short Term Staff Permits (STSPs) and Provisional Internship Permits (PIPs). A STSP may be requested by a district when there is an acute staffing need. An "acute staffing need" exists when an employer needs to fill a classroom immediately based on an unforeseen need. Examples of reasons that justify the request for issuance of a STSP are: the teacher of record is unable to finish the school year due to approved leave/illness; enrollment adjustments; or as a bridge document when an individual has satisfied the subject-matter competence requirement but is unable to enroll in a teacher preparation program. AB 2336 Page 5 A PIP may be requested by an employing agency when there is an anticipated staff need. An "anticipated staffing need" exists when a district is aware that an opening is going to occur and conducts a diligent search for a credentialed teacher, but is unable to recruit one. This often occurs in the statewide shortage areas of special education, mathematics, and science. However, an anticipated staffing need can occur in almost any subject depending upon the site and district. The holder of a STST or PIP can work up to one full year in the same position and must meet the same basic qualifications as the holder of a short term permit. In addition, however, a STST or PIP holder but must also have completed additional coursework related to their area of assignment. Also, the district must provide mentoring and support to substitutes working under these permits. Thus, the option to employ a substitute for more than 20 or 30 days comes with a responsibility to employ a substitute with higher qualifications and to provide on-the-job support. Teaching Permit for Statutory Leave. In addition to the STSP and PIP, the CTC has recently approved a Teaching Permit for Statutory Leave (TPSL), which is scheduled to take effect October 1. A holder of this permit must meet the requirements of the 30-day emergency permit and also have completed 45 hours of preparation relevant to the substitute assignment. In addition, districts must provide orientation, mentoring, and support to substitutes employed with this permit. This permit allows the holder to remain in the same classroom for the duration of the teacher's statutory leave. "Statutory leave" refers to long term leave, such as family leave, permitted under federal and/or state law. The benefit of this permit is that it not only allows a substitute to remain in a classroom longer than the 30 or 20 day maximum (thus achieving continuity), but that it also ensures that the substitute have at least some pre-assignment preparation and on-the-job support. The primary difference between the TPSL and the STSP and PIP is that the AB 2336 Page 6 former is for leaves of absence (up to the length of time allowed in law) and the other two are primarily for vacancies. This bill doubles the maximum time for a substitute teacher with an emergency permit in a special education setting from 20 to 40 days. The argument for this is that being able to retain the same substitute for 40 days maintains stability and is better for the students than the disruption caused by changing teachers. The problem, however, is that by the time a substitute has been in a classroom for 20 days or more she is preparing lesson plans and engaging in other activities for which she has no preparation or training. This would result in our most vulnerable students being taught by our least prepared teachers. In addition, some fear that doubling the time a district may use an emergency-permitted substitute in a special education setting may make it too easy for a district to be less aggressive in recruiting a fully-credentialed teacher. By doubling the amount of time that may be served by a special education substitute, this bill provides an alternative to the other, longer term permits (and to more quickly hiring a fully credentialed teacher). In doing so, it allows districts to avoid (1) hiring substitutes with more pre-service preparation and (2) providing on-the-job mentoring and support. The trade-off posed by this bill is the additional flexibility for districts to hire minimally-trained special education substitutes for a period of up to 40 days (eight weeks) versus the need to ensure that our most vulnerable students have teachers with at least a minimum level of preparation. Additional flexibility is provided by the TPSL, but that applies only to absences, and not to vacancies. To fill that gap, while maintaining a reasonable balance between the need for flexibility and the need to meet a higher standard to special education substitutes, staff recommends the bill be amended to delete the requirement to establish a new permit and instead AB 2336 Page 7 change existing law governing the use of short-term substitutes as follows: Apply the 40 day option for special education substitutes only to vacancies, and not to absences; Require the local education agency (LEA) to file a Statement of Need and comply with the hiring hierarchy required in existing law (this ensures the district has made serious attempts to hire a credentialed teacher to fill the vacancy); Require the LEA to provide at least six hours of training at the time it has reason to believe the substitute will be needed for more than 20 days, but no later than the 20th day of the assignment; Require the training to include classroom management, developing and implementing lesson plans, implementing the requirements of each pupil's individual education plan, and other areas deemed necessary by the district; Require the LEA to assign a credentialed teacher or teachers to provide ongoing support to the substitute; Require the LEA to report to the CTC regarding the number of substitutes employed pursuant to these provisions and the length of their employment; and Provide for a sunset date of January 1, 2022. AB 2336 Page 8 REGISTERED SUPPORT / OPPOSITION: Support Association of California School Administrators California Association of School Business Officials California Catholic Conference Kern County Superintendent of Schools Los Angeles Unified School District Riverside County Superintendent of Schools Small School Districts Association AB 2336 Page 9 Opposition Public Advocates Analysis Prepared by:Rick Pratt / ED. / (916) 319-2087